153.00.04 Ark. Code R. § 001 - Rules on Conflicts
§ 400
Definitions
(a)
Administrative action
- As used in these
rules, the term "administrative action" means any decision on, or proposal,
consideration, or making of any rule, regulation, ratemaking proceeding, or
policy action by a governmental body. It does not include ministerial
action.
(b)
Business
- As used in these rules, the
term "business" means any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
receivership, trust, or any legal entity through which business is
conducted.
(c)
County government
- As used in these
rules, the term "county government" means any office, department, commission,
council, board, bureau, committee, legislative body, agency, or other
establishment of a county.
(d)
Family
- As used in these rules, the
term "family" means an individual's spouse, children of that individual or his
or her spouse, or brothers, sisters, or parents of the individual or his or her
spouse.
(e)
Governmental body
- As used in these rules, the
term "governmental body" means any office, department, commission, council,
board, committee, legislative body, agency, or other establishment of the
executive, judicial, or legislative branch of the state, municipality, county,
school district, improvement district, or any political district or subdivision
thereof.
(f)
Income or compensation
- As used in these
rules, the term "income or compensation" means any money or anything of value
received or to be received as a claim for future services, whether in the form
of a retainer, fee, salary, expense, allowance, forbearance, forgiveness,
interest, dividend, royalty, rent, or any other form of recompense or any
combination thereof. It includes a payment made under obligation for services
or other value received. The term "compensation" does not include anything of
value presented to an employee of a public school district, the Arkansas School
for the Blind, the Arkansas School for the Deaf, the Arkansas School for
Mathematics and Sciences, a university, a college, a technical college, a
technical institute, a comprehensive life-long learning center, or a community
college in recognition of the employee's contribution to education.
(g)
Legislative
action
- As used in these rules, the term "legislative
action" means introduction, sponsorship, consideration, debate, amendment,
passage, defeat, approval, veto, or any other official action or nonaction on
any bill, ordinance, law, resolution, amendment, nomination, appointment,
report, or other matter pending or proposed before a committee or house of the
General Assembly, a quorum court, or a city council or board of directors of a
municipality.
(h)
Legislator
- As used in these rules, the term
"legislator" means any person who is a member of the General Assembly, a quorum
court of any county, or the city council or board of directors of any
municipality.
(i)
Lobbying
- As used in these rules, the term
"lobbying" means communicating directly or soliciting others to communicate
with any public servant with the purpose of influencing legislative action or
administrative action.
(j)
Municipal government
- As used in these rules,
the term "municipal government" means any office, department, commission,
council, board, bureau, committee, legislative body, agency, or other
establishment of a municipality.
(k)
Person
- As used in these rules, the term "person" means a business,
individual, corporation, union, association, firm, partnership, committee,
club, or other organization or group of persons.
(l)
Public
appointee
- As used in these rules, the term "public
appointee" means an individual who is appointed to a governmental body. It does
not include an individual appointed to an elective office.
(m)
Public
employee
- As used in these rules, the term "public
employee" means an individual who is employed by a governmental body or who is
appointed to serve a governmental body. It does not include public officials or
public appointees.
(n)
Public official
- As used in these rules, the
term "public official" means a legislator or any other person holding an
elective office of any governmental body, whether elected or appointed to the
office, and shall include such persons during the time period between the date
they were elected and the date they took office.
(o)
Public
servant
- As used in these rules, the term "public servant"
means all public officials, public employees, and public appointees.
(p)
Special privileges or
exemption
- As used in these rules, the term "special
privileges or exemption" means a particular benefit or advantage unfairly
extended to a person beyond the common advantages of others or the unjustified
release of a person from a duty or obligation required of others.
(q)
State
government
- As used in these rules, the term "state
government" means any office, department, commission, council, board, bureau,
committee, legislative body, agency, or other establishment of the State of
Arkansas.
(r)
Unwarranted privileges or exemptions
- As
used in these rules, the term "unwarranted privileges or exemptions" means a
particular benefit or advantage unfairly extended to a person beyond the common
advantages of others or the unjustified release of a person from a duty or
obligation required of others.
§
401
Confidential Information
(a)
(1) No
public official or state employee shall accept employment or engage in any
public or professional activity while serving as a public official which he or
she might reasonably expect would require or induce him or her to disclose any
information acquired by him or her by reason of his or her official position
which is declared by law or regulation to be confidential.
(2) No public official or state employee
shall disclose any such information gained by reason of his or her position,
nor shall he or she otherwise use such information for his or her personal gain
or benefit.
(b) No
public servant shall purposely use or disclose to any other person or entity
confidential government information acquired by him or her in the course of and
by reason of the public servant's official duties, to secure anything of
material value or benefit for himself or herself or his or her
family.
(c) No member of a state
board or commission or board member of an entity receiving state funds shall
disclose confidential information acquired by him or her in the course of the
member's official duties or use such information to further his or her personal
interests.
§ 402
Fair Treatment
(a) No public
official or state employee shall use or attempt to use his or her official
position to secure special privileges or exemption for himself or herself or
his or her spouse, child, parents, or other persons standing in the first
degree of relationship, or for those with whom he or she has a substantial
financial relationship that is not available to others except as may be
otherwise provided by law.
(b) No
member of a state board or commission or board member of an entity receiving
state funds shall use or attempt to use his or her official position to secure
unwarranted privileges or exemptions for himself or herself or
others.
§ 403
Decision Making
(a)
(1) No member of a state board or commission
or board member of an entity receiving state funds shall participate in, vote
on, influence, or attempt to influence an official decision if the member has a
pecuniary interest in the matter under consideration by the board, commission,
or entity.
(2) A member of a state
board or commission or board member of an entity receiving state funds may
participate in, vote on, influence, or attempt to influence an official
decision if the only pecuniary interest that may accrue to the member is
incidental to his or her position or accrues to him or her as a member of a
profession, occupation, or large class to no greater extent than the pecuniary
interest could reasonably be foreseen to accrue to all other members of the
profession, occupation, or large class.
(b) No member of a state board or commission
or board member of an entity receiving state funds shall participate in any
discussion or vote on a rule or regulation that exclusively benefits the
member.
§ 404
Appearances
(a) No legislator
shall appear for compensation on behalf of another person, firm, corporation,
or entity before any entity of:
(1) State
government, if the legislator is a member of the General Assembly;
(2) The legislator's county government, if
the legislator is a member of a quorum court; or
(3) The legislator's municipal government, if
the legislator is a member of a city council or board of directors of a
municipality.
(b) This
section shall not:
(1) Apply to any judicial
proceeding or to any hearing or proceeding which is adversarial in nature or
character;
(2) Apply to any hearing
or proceeding on which a record is made by the entity of state government,
county government, or municipal government;
(3) Apply to an appearance which is a matter
of public record;
(4) Apply to
ministerial actions; or
(5)
Preclude a legislator from acting on behalf of a constituent to determine the
status of a matter without accepting compensation.
(c) An appearance which is a matter of public
record as provided in subdivision (b)(3) of this section may be made by:
(1)
(A)
Filing a written statement within twenty-four (24) hours with the agency head
of the entity of state government, county government, or municipal government
before which an appearance is sought.
(B) In the event that a written statement
cannot be provided to the agency head prior to the meeting, telephonic notice
must be given the agency head or his office; or
(2) Filing a quarterly statement with the
agency head of the entity of state government before which an appearance is
sought.
(d)
(1) A statement filed under subsection (c) of
this section shall identify the client on behalf of whom the appearance is made
and contain a general statement of the action sought from the governmental
body.
(2)
(A) The statements shall be retained by the
agency head and shall be a matter of public record.
(B) If the agency head determines that the
release of the client's name would be an unwarranted invasion of individual
privacy or would give advantage to competitors for bidding, the agency head may
withhold the name until appropriate.
(e) No member of the General Assembly shall
receive any income or compensation as defined in § 400(f) other than
income and benefits from the governmental body to which he or she is duly
entitled, for lobbying other members of the General Assembly by communicating
directly or soliciting others to communicate with any other member with the
purpose of influencing legislative action by the General Assembly.
§ 405
Reporting
(a) A legislator who is required to take an
action in the discharge of his or her official duties that may affect his or
her financial interest or cause financial benefit or detriment to him, or a
business in which he or she is an officer, director, stockholder owning more
than ten percent (10%) of the stock of the company, owner, trustee, partner, or
employee, which is distinguishable from the effects of the action on the public
generally or a broad segment of the public, shall:
(1) Prepare a written statement describing
the matter requiring action and stating the potential conflict; and
(2)
(A)
Deliver a copy of the statement to the appropriate official to be filed with
the statement of financial interest.
(B) The copy of the statement may be
delivered in person by the public official, by mail, or by a person authorized
by the public official to deliver the copy.
(b) The obligation to report a potential
conflict of interest under this section arises as soon as the legislator is
aware of the conflict.
(c) If the
statement of financial interest filed by the legislator makes the conflict
readily apparent, then no report need be filed.
Notes
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